Document 0gvXbkNQn6BkKnLY13mEEn3JM

PLAINTIFF'S EXHIBIT ASA-1427 Munsell. Peggy From: To: Cc: Subject: Date: Munsell, Peggy Castor, Larry Martin, Tom; Baca, Joseph; Jurzec, Leroy Notice of Violation (NOV), Cadmium Baghouse Transits. Wednesday, March 19, 1997 11:13AM Larry, [ spoke with Mr. Duran (TDH) this date, he suggested I call Elizabeth Grimsley in Austin and discuss the Notice of Violation (NOV). Skip and I held a phone conversation with Ms. Grimsley explaining our situation. Her conclusion was that; "We'd submitted a notification that was not required on material that is not regulated". She was going to get with her Supervisor and recommend that the NOV be canceled. She is to get back with me next week for follow-up. Page 1 ASARCO ELP 0011280 Munsell, Peggy From: To: Cc: Subject: Date: Munsell, Peggy Castor, Larry Martin, Tom; Baca, Joseph; Jurzec, Leroy Notice of Violation (NOV), Cadmium Baghouse Transite. Wednesday, March 19, 1997 11:13AM Larry, I spoke with Mr. Duran (TDH) this date, he suggested I call Elizabeth Grimsley in Austin and discuss the Notice of Violation (NOV). Skip and I held a phone conversation with Ms. Grimsley explaining our situation. Her conclusion was that; "We'd submitted a notification that was not required on material that is not regulated". She was going to get with her Supervisor and recommend that the NOV be canceled. She is to get back with me next week for follow-up. Notes: Written record of phone conversation with Jim Duran on June 24, 1996. This is the same day Skip and I contacted Greg who's had James & Luther start on the belt line transite removal instead of the Cd. Baghouse transite removal. I then put a call into Jim cancelling the June 24 start date. He indicated he would call Health Dept so they would not come out. I discussed with Jim whether transite removal needed a permit. Legally, per Jim Duran, we donot need a permit however, they perfer one. This has been the content of conversations held with both Sun City and Jim Duran. Appears that one is not necessary. Phone number for Elizabeth Grimsley, Austin, 1-800-572-5548. For the Record: Spoke with Jim Duran, March 18, 1997 after we'd received the NOV. He indicated that on "outside" asbestos removal, it was not necessary to send in the notification. We'd still fall under NESHEP requirements 160/260 regualated material. I am still not certain from his response if this is necessary if the removal is outside. Will verify before next project. Page 1 ASARCO ELP 0011281